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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ17547374
Regular
Oct 16, 2025

WARREN P. HARVEY vs. SOCAL MACHINE, INC., TRUCK INSURANCE EXCHANGE, FARMERS INSURANCE

The Workers' Compensation Appeals Board considered applicant Warren P. Harvey's petition for reconsideration regarding the equitable hourly reimbursement rates for in-home health care provided by his spouse, asserting errors in the WCJ's rate calculation and attorneys' fees. After an unsuccessful settlement conference, the parties filed Stipulations With Request for Award, agreeing to permanent total disability and further medical treatment for the applicant, though these stipulations did not resolve the reconsideration issues. The Board approved these stipulations, finding them adequate and in the applicant's best interest, and issued an award based upon them, which included specific disability indemnity, medical treatment, and attorney's fees. The Board also commended the parties for resolving some important issues and urged them to continue efforts on the remaining disputes.

Equitable hourly reimbursement ratesIn-home health careCaregiver dutiesNursing dutiesCommunity HHC providerPetition for reconsiderationStipulations With Request for AwardPermanent total disabilityTemporary disability indemnityAttorneys' fee
References
0
Case No. MISSING
Regular Panel Decision
Aug 10, 2004

Claim of Mickens v. New York City Transit Authority

The claimant suffered a work-related injury in 1993 and subsequently filed a claim for workers' compensation benefits. A stipulation agreement between the claimant and employer, which adjusted weekly awards and set future payments, was approved by a Workers’ Compensation Law Judge. The claimant appealed this decision to the Workers’ Compensation Board, asserting the stipulation's invalidity, inadequate legal representation, and excessive counsel fees. The Board upheld the WCLJ's decision and denied the claimant's request for reconsideration. The appellate court affirmed the Board's decisions, finding the stipulation binding and the counsel fee award within the Board's discretion, and no abuse of discretion in denying reconsideration.

Stipulation AgreementCounsel FeesBoard ReviewAppellate ReviewPsychological ImpairmentsWork-related InjuryDecision AffirmedDiscretionary PowersLegal RepresentationBenefit Adjustment
References
6
Case No. MISSING
Regular Panel Decision
Mar 06, 2014

In Re the Arbitration Between Delaney Group, Inc. & Holmgren Enterprises, Inc.

This case involves cross-appeals from a Supreme Court order concerning an arbitration dispute between a prime contractor (Petitioner) and a subcontractor (Respondent) on a public work project. Respondent initially sought additional payment via arbitration, leading to an award that included credits for Petitioner. After a request for clarification, the arbitrator issued a modified award removing these credits. Petitioner then sought to vacate both the original and modified awards, while Respondent sought to confirm the modified award. The Supreme Court vacated both arbitration awards and remanded the case for a rehearing, finding that the arbitrator exceeded authority in modifying the award and imperfectly executed powers in the original award by failing to address a key stipulation. The appellate court affirmed the Supreme Court's order, upholding the vacatur and remand of both arbitration awards.

ArbitrationContract DisputePublic Work ProjectSubcontractorPrime ContractorCross AppealsVacatur of AwardRemandArbitrator AuthorityCPLR 7511
References
7
Case No. ADJ7412016
Regular
May 10, 2011

DORIS CORTES vs. BANK OF THE WEST, ESIS

This case involves an applicant who sustained bilateral wrist and elbow injuries but experienced no lost time from work. The applicant stipulated to zero permanent disability, though the WCJ ordered an Almaraz/Guzman assessment, which the defendant sought to rescind. The Appeals Board granted the petition for removal, rescinded the WCJ's order, and will approve the stipulations unless the applicant objects within twenty days. The Board found the stipulations adequate based on the record and the applicant's continued employment.

WCABPetition for RemovalAlmaraz/Guzman assessmentStipulations with Request for Awardpermanent disability ratingobjective findings of impairmentqualified medical evaluator (QME)American Medical Association Guidesmandatory settlement conference (MSC)rescinded order
References
2
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Rotating Components, Inc. & District 4, International Union of Electrical Workers, AFL-CIO

Petitioner moved to confirm an arbitration award, while Respondent cross-moved to vacate it, alleging imperfect execution and lack of a mutual, final, and definite award. The dispute arose from a collective bargaining agreement from December 1959, and a supplementary agreement from January 1960, which stipulated the assignment of the main agreement to a local union within 18 months, with arbitration if the assignment failed. The arbitrator issued an interim award on September 21, 1961, instructing the union to assign the agreement within 30 days. Upon the union's failure, the arbitrator, on October 29, 1961, assigned the agreement to a new local union to be formed for the employees of Rotating Components, Inc. The court found the arbitrator's award to be within his express powers and rejected the objection regarding the finality and definiteness of the award. Consequently, the court granted the petitioner's motion to confirm the award and denied the respondent's cross-motion to vacate it.

Arbitration AwardCollective BargainingUnion AssignmentContract DisputeMotion to ConfirmMotion to VacateLabor DisputeJudicial ReviewInterim AwardFinality of Award
References
2
Case No. ADJ7277939
Regular
Jan 11, 2011

MISUK BRIANS vs. WHOLE FOODS MARKET, ACE AMERICAN INSURANCE CO., GALLAGHER BASSETT SERVICES, INC.

In this Workers' Compensation Appeals Board case, the defendant sought removal after the judge took a mandatory settlement conference off calendar and demanded further responses. The Board granted removal, rescinding the judge's order and criticizing the procedural deviation from policy. The Board found the applicant's stipulations adequate despite the defendant's withdrawal of agreement. The Board will approve the stipulations unless either party objects in writing within twenty days.

Petition for RemovalMandatory Settlement ConferenceStipulations with Request for AwardOrder Taking MSC Off CalendarWorkers' Compensation Appeals BoardWCJLabor Code section 5502(a)Policy and Procedure Manual section 1.91(C)(3)Status ConferenceAdequacy
References
0
Case No. ADJ3380228 (SRO 0133900)
Regular
Mar 09, 2009

LISSA PORTER (PAIZ) vs. COUNTY OF SONOMA

The Court of Appeal denied the defendant County of Sonoma's petition for writ of review, finding no reasonable basis for it. Consequently, the Court granted the applicant's request for attorney fees and remanded the case for an additional award. The parties subsequently stipulated to $3,250.00 for the applicant's attorney's fees and costs. The Workers' Compensation Appeals Board approved this stipulation and ordered the defendant to pay the specified amount.

Labor Code § 5801Attorney's FeesWrit of ReviewRemittiturSupplemental AwardBragg and AssociatesWorkers' Compensation Appeals BoardCounty of SonomaHanna BrophyMark Weinberger
References
1
Case No. ADJ6978832
Regular

Mona Dill vs. CITY OF RANCHO PALOS VERDES, PSI, by CJPIA through their TPA, YORK INSURANCE SERVICES GROUP

The Appeals Board granted the defendant's petition for removal, reversing the WCJ's order for a QME evaluation. The Board found the applicant's stipulated zero percent permanent disability and need for further medical treatment to be adequate, given the treating physician's report of no ratable impairment and the applicant's expressed desire to settle. Therefore, the Stipulations with Request for Award were approved, granting the applicant ongoing medical care and zero percent permanent disability.

Petition for RemovalStipulations with Request for AwardPanel Qualified Medical Evaluator (QME)ApportionmentPermanent DisabilityMedical TreatmentIndustrial InjuryRecreation SupervisorPro PerInformation and Assistance Officer (I & A)
References
0
Case No. SAC 0367901
Regular
Jul 17, 2008

PATRICIA ALLEN vs. CALIFORNIA DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The defendant sought reconsideration of a Stipulations With Request For Award where the WCJ approved some stipulations but withheld others related to penalty and benefit settlements. The WCAB granted reconsideration, finding the WCJ violated Rule 10497 by striking material stipulations without notice or an opportunity to be heard. Consequently, the Stipulations and Award were rescinded, and the case was returned to the trial level for further proceedings.

Writ of ReviewLabor Code section 5814 penaltiesLabor Code section 4658supplemental job displacement benefitIndustrial Disability Leave (IDL)WCAB Rule 10497Stipulations With Request For Awardpermanent disabilityadministrative law judgeworkers' compensation
References
2
Case No. ADJ3310545
Regular
Dec 07, 2017

LANCE GOODWIN vs. EDW APFFELS COMPANY, INC., PACIFIC COMPENSATION INSURANCE COMPANY

This case involves an award of additional attorney's fees under Labor Code § 5801. The Second District Court of Appeal previously remanded the matter for such an award after denying the defendant's Petition for Writ of Review. Applicant's counsel and the defendant stipulated to reasonable attorney's fees of $8,000.00 for services rendered in responding to the petition. The Board found the stipulated amount reasonable and issued the award to the applicant's law firm.

Writ of ReviewAttorney's FeesLabor Code § 5801RemandStipulationAppellate Attorney's FeesWorkers' Compensation Appeals BoardPacific Compensation Insurance CompanyEDW APFFELS COMPANYINC.
References
1
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